Can I claim reimbursement from the other parent for any exceptional expenses incurred for our joint children?
Whether the children live with one parent primarily or share their time equally between both parents, the parents are required to contribute, according to their means, towards any extraordinary expenses incurred on their behalf.
But what do these consist of?
But what do they include?
The Royal Decree of 22 April 2019 finally provides a ‘ready-made’ definition of exceptional expenses:
Unless otherwise agreed or ordered by a court, the extraordinary expenses referred to in Article 203bis, § 3, paragraph 3, of the Civil Code are limited to the following expenses:
- the following medical and paramedical costs:
- treatment by specialist doctors and the medication, specialist examinations and care they prescribe;
- the costs of surgical procedures and hospitalisation, and any specific treatments resulting therefrom;
- medical and paramedical costs and devices, including orthodontics, speech and language therapy, ophthalmology, psychiatric or psychological treatment, physiotherapy, rehabilitation, prostheses and appliances, including the purchase of spectacles, orthodontic appliances, contact lenses, orthopaedic insoles and shoes, hearing aids and a wheelchair;
- the annual premium for hospitalisation insurance or other supplementary insurance that the parents or one of them are required to pay.The premium must relate to the children; and this: – provided that the costs referred to in (a), (b) and (c) are prescribed by a doctor or a competent authority; and – after deduction of the contribution from the health insurance fund, hospitalisation insurance or other supplementary insurance.
- the following costs relating to school education:
- school activities lasting several days, organised during the school year, such as ski trips, seaside trips, nature trips, school trips, study trips and work experience placements;
- necessary, specialised and expensive school equipment and/or clothing required for specific tasks, as set out in a list provided by the educational establishment;
- enrolment fees and tuition fees for higher education and specialised training, as well as non-subsidised education;
- the purchase of computer equipment and printers, together with the software required for studies;
- private tuition that the child must attend in order to pass their school year;
- costs associated with renting a student room;
- additional specific costs associated with a study programme abroad; after deduction, where applicable, of study grants and other scholarships.
- the following costs relating to the child’s personal development and well-being:
- childcare costs for children aged 0 to 3 inclusive;
- membership fees, basic supplies and costs for camps and courses as part of cultural, sporting or artistic activities;
- fees for enrolment on driving lessons and for the theory and practical driving tests, provided that the driving licence cannot be obtained free of charge through the school;
- Any other costs which the parents mutually agree constitute extraordinary expenses, or which are so classified by the court.
Unless there is a proven emergency or necessity, all the costs listed above must be the subject of prior consultation and agreement, covering both the appropriateness of the expenditure and its amount.
Unless otherwise agreed or ordered by a court, extraordinary expenses must:
- be paid quarterly;
- be accompanied by a copy of the supporting documents provided by the parent requesting payment;
- be paid within fifteen days of the statement of account, accompanied by the supporting documents, being provided.
The parent who receives or is entitled to study grants and/or other scholarships, a contribution from the health insurance fund, hospitalisation insurance or other supplementary insurance, shall provide the other parent, as soon as the information is available and at least once a year in September, with a breakdown of all amounts received, together with copies of the supporting documents.
